Mackrell international south carolina employment and labor law a brief overview
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Mackrell International South Carolina Employment and Labor Law—A Brief Overview. May 29, 2012 David Dubberly. South Carolina Payment of Wages Act. S.C. Code Ann. §§ 41-10-41 to 41-10-110 Notify at time of hire in writing Wages and hours Time and place of payment Deductions from paychecks

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Mackrell International South Carolina Employment and Labor Law—A Brief Overview

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Mackrell international south carolina employment and labor law a brief overview

Mackrell InternationalSouth Carolina Employment and Labor Law—A Brief Overview

May 29, 2012

David Dubberly


South carolina payment of wages act

South Carolina Payment of Wages Act

  • S.C. Code Ann. §§ 41-10-41 to 41-10-110

  • Notify at time of hire in writing

    • Wages and hours

    • Time and place of payment

    • Deductions from paychecks

    • Policies on vacation, holiday, and sick leave


South carolina payment of wages act1

South Carolina Payment of Wages Act

  • Notify of changes other than raises in writing seven days in advance

  • No deductions from wages unless

    • Required or permitted by law

    • Employee has been notified


South carolina payment of wages act2

South Carolina Payment of Wages Act

  • Upon termination for any reason

    • All wages due must be paid

    • Within 48 hours or by next regular payday if within 30 days

  • If disagreement on wages due

    • Give written notice of employer’s position

    • Pay amount conceded to be due


South carolina payment of wages act3

South Carolina Payment of Wages Act

  • Penalties for failure to notify

    • $100 per offense

  • Penalties for failure to pay

    • Treble damages

    • Employee’s attorney’s fees and costs

    • Potential personal liability for managers


South carolina illegal immigration reform act

South Carolina Illegal Immigration Reform Act

  • S.C. Code Ann. §§ 41-8-10 to 41-8-140

  • Enroll in E-Verify

  • Use E-Verify to confirm work authorization

    • For all new employees

    • Within three days of hire


South carolina illegal immigration reform act1

South Carolina Illegal Immigration Reform Act

  • Do not knowingly or intentionally employ unauthorized alien

  • Otherwise may have imputed license to employ workers and do business in SC suspended or revoked

  • Enforced by SC Dept. of Labor, Licensing, and Regulation

    • Random audits

    • Complaint investigations


South carolina employee handbook law

South Carolina Employee Handbook Law

  • S.C. Code Ann. § 41‑1‑110

  • Employee handbook or other personnel document

    • NOT contract of employment as matter of law

    • IF includes “conspicuous” disclaimer


South carolina employee handbook law1

South Carolina Employee Handbook Law

  • What is conspicuous disclaimer?

    • First page of document

    • Underlined CAPITAL LETTERS

    • (For handbooks) signed by employee

  • Possible language

    • Handbook is not employment contract

    • At-will statement

    • Cannot be changed by oral statements

    • Right to change, interpret, make exceptions, etc.


South carolina trade secrets act

South Carolina Trade Secrets Act

  • S.C. Code Ann. §§ 39-8-10 to 39-8-130

    • Based in part on Uniform Trade Secrets Act

  • Employee obligation

    • Every employee has duty to refrain from using or disclosing employer’s trade secrets

  • Information is trade secret if it

    • Has independent economic value due to its secrecy

    • Is subject to reasonable efforts to keep it secret


South carolina trade secrets act1

South Carolina Trade Secrets Act

  • Definitions

    • “Economic value” = gives or could give owner advantage over competitors because of its secrecy

    • “Secret” = not generally known or easily accessible to others in industry

    • “Reasonable efforts” = information is secured, labeled, and disclosed only on “need to know” basis


South carolina trade secrets act2

South Carolina Trade Secrets Act

  • Trade secrets

    • Parts checklist, production plans, parts delivery schedule for manufacturing plant

  • Not Trade Secrets

    • Customer lists if names on lists available to public through proper sources

    • Formulas for products if “readily available from the suppliers of [the] raw materials”


South carolina trade secrets act3

South Carolina Trade Secrets Act

  • Remedies

    • Actual damages or unjust enrichment

    • Exemplary damages

    • Injunctive relief

    • Attorney’s fees

    • Criminal penalties


South carolina non compete law

South Carolina Non-Compete Law

  • Based on SC case law

  • Non-competes disfavored, but generally upheld if

    • Necessary to protect legitimate business interest of employer

    • Reasonably limited as to time and place

    • Not unduly restrictive

    • Reasonable from public policy standpoint

    • Supported by valuable consideration


South carolina non compete law1

South Carolina Non-Compete Law

  • Reasonable time restriction

    • No longer than reasonably necessary to protect employer’s business interests

    • SC Supreme Court has enforced non-competes with otherwise valid restrictions lasting three years or less

    • Unlimited duration not enforceable


South carolina non compete law2

South Carolina Non-Compete Law

  • Reasonable geographic restriction

    • No broader than area in which employee involved in active marketing efforts

    • Without geographic term not enforceable

    • Prohibition against contacting existing customers can be valid substitute


South carolina non compete law3

South Carolina Non-Compete Law

  • Valuable consideration

    • Hiring even if on at-will basis

      • But not continued at-will employment by itself

    • Promotion with increase in pay


Questions comments

Questions/Comments?

David Dubberly

803-253-8281

[email protected]


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